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CARMEL PLAN COMMISSION
SPECIAL STUDIES COMMITTEE
TUESDAY, SEPTEMBER 2, 2008
Minutes
The regularly scheduled meeting of the Special Studies Committee of the Carmel Plan
Commission met at 6:00 PM in the Caucus Rooms of City Hall, Carmel, Indiana.
Members present: Wayne Haney, Woody Rider, Rick Ripma, Madeleine Torres.
DOCS Staff Present: Director Michael Hollibaugh, Christine Barton Holmes, John Molitor,
Legal Counsel.
The Special Studies Committee considered the following items:
1. Docket No. 08080019 ADLS Amend: Opus Landmark at Meridian Sign Package
The applicant seeks approval for a new sign package. The site is located at 12911, 12811, 12711
N. Meridian St. and is zoned 13- 2/13usiness within the US 31 Overlay.
Filed by Ryan Albright of Opus North Corporation.
Note: Heard Out of Sequence
Aleisha Jaeger, Opus North Corporation, 10333 North Meridian Street appeared before the Committee
representing the applicant. The petitioner is requesting approval for a new sign package for the
development located at 12911, 12811, and 12711 North Meridian Street within the US 31 Overlay.
Capital Group owns the buildings and would like to reserve the right for future use and naming on all three
buildings. There are no current plans to install wall signs; detail would be submitted with sign permit
applications at a future date.
The petitioner stated that the two signs facing Pennsylvania Street will not exceed six feet in height; the
sign area of 75 square feet or less will comply with the requirements of the Carmel Sign Ordinance. The
petitioner referred to photographs of similar sign material used in a different project--constructed of
heavy -gauge aluminum, pre -cast material; actual sample materials were not available.
Each Directory Sign will show "Capital Group Companies" at the top and probably list different divisions
of the company located within the building. The signs will NOT be illuminated.
The existing signage at locations 1 and 2 will be removed. A second directory sign at the main entrance is
the actual building directory sign; the first sign is to direct visitors to the correct building. The sign area
will be three square feet or less per side, considered exempt, and will not be illuminated. The directional
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signs are for delivery, service, or visitor direction only; the petitioner has provided photos of existing,
typical sign types for Capital Group.
Department Report, Christine Barton Holmes: Nothing outstanding at this time. The Department
recommends approval.
Rick Ripma asked for clarification on the lighting —yes or no?
Aleisha Jaeger responded that the signs will not be illuminated.
Madeleine Torres made formal motion to approve Docket No. 08080019 ADLS Amend, Opus
Landmark at Meridian Sign Package, seconded by Woody Rider, Approved 4 -0.
2. TABLED TO OCT. 7: Docket No. 08040008 ADLS Amend: Circle K/Shell
The appheani seeks appr-eval for- a building addition4emadel and new eanopy. The site is leeated
at 1230 S Rangeline Rd. it is zoned B 3/Business wiffiin the Cafmel Dr- Rangelifle Rd Over-lay.
Filed by Don Fisher- of insiglA Engineering, ine.
3. Docket No. 08060017 Z: North Meridian Heights Rezone
The applicant seeks approval to rezone approximately 21.9 acres from the S -2 /Residence to the 13-
6/Business zoning classification, within the US 31 Overlay. The site is located at 131S St. and
Catherine Dr, east of US 31. Filed by Steve Hardin of Baker Daniels, LLC for Browning
Associates, LLC.
Jamie Browning, Browning Associates appeared before the Committee representing the applicant. Also in
attendance: Steve Hardin, attorney, Baker Daniels.
Browning Associates is seeking approval to rezone approximately 28 acres from S -2 /Residence to B -6/
Business classification. Jamie Browning submitted a revised drawing /listing showing the addresses and
homeowners outlined in yellow that are either under contract or some clean -up /detail issues and probably
agreement —those depicted in white are not under contract and no active discussion or negotiation with
homeowner. An amended petition has been filed with the Department to encompass the additional
properties.
Jamie Browning said he has had preliminary discussions with St. Vincent regarding access; the proposed
site circulation plan is acceptable. Phase I of the development plan includes four buildings— probably
medical office buildings, mixed use and service uses. The Phase II plan is still under development. Jamie
distributed an exhibit identifying the right of way line and line of taking contemplated by INDOT. The new
highway will encroach on the North Meridian Heights neighborhood —this might be time for the
neighborhood to be re- assembled.
Department Report, Christine Barton Holmes: The rezone request meets the Comprehensive Plan for the
area intended for high to medium regional, commercial employment and mixed use within the Old Meridian
Overlay. If the rezone is approved, the petitioner would return to the Plan Commission for Development
Plan and architectural design approval.
Graphics have been received; the Department recommends that the petitioner continue to work with the
Engineering Dept regarding the Thoroughfare Plan and also work with the Alternative Transportation
Coordinator regarding the path along 131S Street. The petitioner will need to re -plat into one subdivision
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or one large parcel. The Department has agreements from property owners. The sign posted on the
property as of August 29 includes the additional land. The Department also urges the petitioner to continue
working with the Urban Forester regarding trees on site and work them into the overall plan. At this time,
the Department is recommending this item move forward with a favorable recommendation at the
September 16 Plan Commission meeting.
Rick Ripma explained the Committee process for the benefit of the public in attendance.
There were questions from the Committee regarding continued access to the subdivision —there will still be
access; the allowable height of the proposed buildings— minimum of 3 stores, maximum of 6 stories, all
subject to the US 31 Overlay; eminent domain and the home closest to the US 31 expansion.
Jamie Browning referred to the INDOT site plan and said that they could conceivably encumber lot 36 and
possibly lot 37, depending on the proximity of the road to these houses. It is a homeowners' decision
whether or not to sell. INDOT has now received approval from the County to depress the highway under
US 31; this is important because they will be digging fairly deep and will change the entire watershed in the
area. The Drainage Board plan shows this will likely occur.
Madeleine Torres asked that if the rezone does occur, what happens with Phase II?
Jamie Browning responded that when the rezone petition was filed, it was for specific property. Jamie was
later told that it should be for the entire property for the non conforming uses. If taken one step further and
the people choose to sell, it would be zoned for the proposed purpose. Jamie said he would proceed with
Phase I with rezone approval; Phase II would be designed to go around those homes not purchased.
Rick Ripma asked how Jamie Browning would proceed without all of the properties if the rezone was
approved.
Jamie Browning said the development plan would preserve access. The buildings would be built to comply
with the US 31 Overlay requirement and the neighborhood would be treated as one to be preserved.
Dave Coots, attorney spoke on behalf of those persons who have chosen not to sell their property. Dave
Coots cited Statute and stated his legal opinion that the rezone cannot go forward until there is unanimity
among the 36 parcel owners. Dave Coots believes there is a negative impact on ownership. The ability to
sell may not be prevented, but the rezone will have a detrimental effect on those who do not agree to sell
their home.
John Molitor, Legal Counsel referred to the State Statute as it relates to rezones whether initiated by the
Plan Commission or individuals in area of transition. A rezone does not deprive people of property rights.
Residents in attendance: John Palmer, Lynne Drive; Tiffany Hyerson, Vivian Drive; Judy Stamper, Lynne
Drive; and others.
Tiffany Hyerson read a prepared statement of support for the rezone and added that it is a wonderful
opportunity.
Judy Stamper said the rezone would be a detriment —if rezoned to B -6, she would not be able to sell her
home as a home anymore.
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John Molitor responded that as long as the property is not substantially changed, a home can still be sold
for someone else to use as a home —even if it is a legal, non conforming use.
Woody Rider commented that hold -outs will never get the value being offered at this time from their home.
This looks like a pretty good deal. Woody invited persons to ask questions of him either via telephone or
his city web address.
Madeleine Torres made formal motion to forward Docket No. 08060017 Z, North Meridian Heights
Rezone to the full Plan Commission on September 16 with a positive recommendation, seconded by
Woody Rider, Approved 4 -0
4 -6. Docket No. 08070012 PP Amend: Old Meridian Plaza (RA Franke, Lot 8)
Docket No. 08070013 SW SCO 6.05.01 lot without frontage
Docket No. 08070014 ZW ZO 20G.05.04(C) building orientation
The applicant seeks primary plat amendment, subdivision waiver, and zoning waiver approvals for
2 lots. The site is located at 12863 Old Meridian St. and is zoned OM/MU- Old Meridian, Mixed
Use. Filed by Ersal Ozdemir of Keystone Group, LLC.
Note: Heard with Item 7, Docket No. 08060018 ADLS, Old Meridian Plaza, Bldg 2 (RA Franke,
Lot 8A)
Jim Shinaver, attorney, Nelson Frankenberger appeared before the Committee representing the applicant.
Also in attendance: Joe Peters, general counsel for Keystone Group; John Suter, Rottman Architects and
Todd Lufton, Architect; Alan Fetahagic, Structure Point Engineers; Dr. Tom Mullens, Veterinarian.
Todd Lufton displayed the site plan for the 2.5 acre property located east of and adjacent to Old Meridian
Street, north of Carmel Drive, and south of Main Street. The site is zoned Old Meridian, Mixed Use.
As explained at the full Commission meeting, there are two buildings planned for this particular site. The
front building or "approved" building is a 4 -story building adjacent to Old Meridian. The initial intent was
for the veterinarian to occupy the approved building. However, since that time, the veterinarians expressed
a desire to be located in the proposed building that is set back from Old Meridian Street. Revised plans and
drawings therefore reflect the changes to accommodate the veterinarians.
At the August 25, 2008 BZA hearing, all variances for this site were approved. Through the Plan
Commission, plat amendment is being sought as well as subdivision waiver for lot frontage and a zoning
waiver due to the orientation of the building in proximity to Old Meridian. The ADLS request is for design
approval for the proposed building—Building 2a one story office building.
The proposed building consists of 8700 square feet -7,000 square feet on the first floor, 1700 square feet
on the second floor.
One of the comments heard at public hearing was that the proposed building looked clinical or "too
institutional." As a result of a meeting with Christine B- Holmes, Angie Conn, and Commissioner Wayne
Haney, the petitioner revised the building elevations; the building is now more vertical and substantial.
John Suter further explained the design changes —the building more closely matches but does not mimic the
main or "approved" building. Different colors of masonry have been used to break it into blocks similar to
the main building. EFIS has been eliminated —the building is now masonry on all sides.
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Jim Shinaver commented that currently, the signage is on the west elevation. If there is no objection, the
petitioner would like to re- locate the signage to the higher elevation on the building; otherwise it would not
be visible at the currently shown height. The Engineer and Urban Forester are now in favor of the
development. The request for bike parking for Building 2 will be accommodated.
At this time, the petitioner is requesting a favorable recommendation to the Plan Commission.
Department Report, Christine B- Holmes: The proposed building as well as the entire site has been
extensively reviewed. The petitioner has received several Variances at the BZA. While the building does
not meet the requirements of the Old Meridian Overlay, it does meet design and intent. Also, moving the
vet clinic addresses other concerns expressed. All Department concerns have been ironed out through the
variance process. At this time, the Department is recommending this item be forwarded to the full
Commission with a favorable recommendation.
Committee Member Comments:
Woody Rider: Woody agreed with relocating the signage and recommended that it be one line only.
Woody questioned the bike parking requirement. Woody also said he had no problem with the design of the
second building.
Wayne Haney: The clinic is set far back from the street; upon entering the development, you can visually
recognize the building. Wayne does not agree that the building not on the street should look like a
secondary building and felt it should emulate the building already approved. It is a professional building
and does not have to look like an after thought. In this case, it is a reasonable scale.
Rick Ripma: What architectural design is this? What is trying to be accomplished? It looks like a sterile
building.
John Suter responded that his first objective is to make his client happy —the main concern is with the
arrangement of space on the inside and how it is best utilized for a vet clinic. The entry will be an atrium
space —we are trying to be economically responsible—simplicity is something the main building relies
upon —this building has a lot of the same features.
Rick Ripma commented that he really, really likes the main building and really wants this to happen.
Jim Shinaver said the petitioner wanted to have the second building complement the first building. It is
smaller and offers less opportunity than the main building —there are fewer architectural opportunities.
Too many building materials take away from the complementary nature of the second building.
Tom Mullens, DVM, 1733 Juliet Road, Westfield, said he will own the building. Dr. Mullens does not
want to detract from the approved building but does want to complement the "landmark" building
complement, not detract —too much architecture will detract.
Rick Ripma said he is struggling with this —the building is in the back, it does not mean it is lesser
architecture and a lesser building because of where it is located, however, if it were more visible, it would
not be allowed. Rick understands that is it a smaller building. If the main building were taken out of the
equation, would the secondary building stand on its own architectural merit?
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Madeleine Torres said she understood Rick's position but did not think it was fair to consider because the
second building would not be allowed on Old Meridian without a lot of variances. It would not be allowed
because of size.
Woody Rider commented that the treatment on the larger building would be hard to do on the smaller
building. There is a difference with a frontage building —the requirements and review are not the same.
Woody was also understanding of Rick Ripma's position; Woody said he had no problem with the design
of the second building.
Rick Ripma said that just looking at this on paper, he was not that thrilled with the building —but he really
wants this development to happen. Rick said he needed to decide if the design is OK because it is in back
and less visiblehe is struggling with a decision.
Madeleine Torres made formal motion to forward Docket No. 08070012 PP Amend: Old Meridian Plaza
(RA Franke, Lot 8) Docket No. 08070013 SW, Docket No. 08070014 ZW, and 08060018 ADLS, Old
Meridian Plaza, Building 2 (RA Franke, Lot 8A) to the full Commission on September 16, 2008 with a
favorable recommendation, seconded by Woody Rider, approved 3 -1 (Ripma.)
7. Docket No. 08060018 ADLS: Old Meridian Plaza Building 2 (RA Franke, lot 8A)
The applicant seeks design approval for Building 2, a 1 -story office building. The site is located at
12863 Old Meridian St. and is zoned OM/MU- Old Meridian, Mixed Use. Filed by Ersal Ozdemir
of Keystone Group, LLC.
Heard with items 4 -6; see comments and motion stated.
There was no further business to come before the Committee; the meeting adjourned at 7:45 PM.
Rick Ripma, Chairperson
Ramona Hancock, Secretary
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